Laserfiche WebLink
<br />C:.Pwvt- <br />O-\'~} <br /> <br />0°-, <br />L.:Jl.L.I- <br />c::::i.l.Jü <br />~,g ;; <br />~O <br />"-0 <br />>-..... U\ <br />1-- < ð C) <br />,:=)-. ¿:. "" <br />.:-::: x:;;; ~ <br />~ ~ ..::: <br />5 u- <br /> <br /> <br />W <br />I- <br />-< <br /> <br />- <br /> <br />N-cMCJ"f-I'f1 <br /> <br />THIS AGREEMENT, made and entered into this /-J day of fJ2a:!/7-6cQ, 2004 by <br />and between Electrical CAD Technologies, G.P., a Wisconsin based Company (hereinafter <br />"Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of Cali fomi a (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City Council has authorized the City Manager to enter into contracts for <br />professional or specialized services if the mandates of Santa Ana Municipal Code <br />Article 7 have been met. <br />B. Contractor is the developer or distributor of software products. <br />C. City is part of and provides information technology services to the various City <br />departments, offices, and programs. <br />D. City is interested in Contractor's software and services, and specifically interested <br />in Promise Professional Suite (commonly referred to as "Professional Suite") for the <br />purposes of computer aided engineering. <br />E. City desires to obtain a license from Contractor to use the software and obtain <br />software maintenance from Contractor. <br />F. The following Exhibits and Schedules are attached to and incorporated by <br />reference into this Agreement: <br /> <br />EXHIBIT l---"Standalone Quotation" which contains: Software Description, <br />Specifications, and Documentation, Scope of Services, Fees and Payment Terms, Delivery <br />Schedule, Equipment Specifications <br /> <br />EXHIBIT 2---Maintenance and Support <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. DEFINITIONS <br />(a) "Acceptance" means City's determination that the Software has met the requirements ofthe <br />Acceptance Test specified herein. <br />(b) "Equipment" means the hardware and other equipment specified in EXHIBIT 1. <br /> <br />(c) "Software" "Software" means the elements of ECT's promisoe@ electrical CAD object code <br />application software any add-on software specified in the accompanying Packing Slip, <br />which, by this reference is incorporated herein. "Documentation" means the associated <br />documentation as generally released by ECT from time to time for use with the Software. <br /> <br />(d) "Property" means the Software, Documentation, and associated trademarks and copyright <br />materials. <br /> <br />2. SCOPE OF SERVICES <br />Contractor agrees to perform the services ("Services") specified in EXHIBIT 1 attached to this <br />Agreement and incorporated herein by reference. Contractor shall designate an individual who <br />shall be responsible for communications with the City for the duration of this Agreement. <br />